Amended in Assembly August 5, 2013

Amended in Assembly June 20, 2013

Amended in Assembly June 18, 2013

Amended in Assembly June 10, 2013

Amended in Senate April 1, 2013

Senate BillNo. 568


Introduced by Senator Steinberg

February 22, 2013


An act to add Chapter 22.1 (commencing with Section 22580) to Division 8 of the Business and Professions Code, relating to the Internet.

LEGISLATIVE COUNSEL’S DIGEST

SB 568, as amended, Steinberg. Privacy: Internet: minors.

Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service to make its privacy policy available to consumers, as specified.

Existing federal law requires an operator of an Internet Web site or online service directed to a child, as defined, or an operator of an Internet Web site or online service that has actual knowledge that it is collecting personal information from a child to provide notice of what information is being collected and how that information is being used, and to give the parents of the child the opportunity to refuse to permit the operator’s further collection of information from the child.

This bill would, on and after January 1, 2015, prohibit an operator of an Internet Web site, online service, online application, or mobile application, as specified, from marketing or advertising specified types of products or services to a minor. The bill would prohibit an operator frombegin insert knowinglyend insert using, disclosing,begin delete orend delete compiling, orbegin delete knowinglyend delete allowing a 3rd party to use, disclose, or compile, the personal information of a minor for the purpose of marketing or advertising specified types of products or services. The bill would also make this prohibition applicable to an advertising service that is notified by an operator of an Internet Web site, online service, online application, or mobile application that the site, service, or application is directed to a minor.

The bill would, on and after January 1, 2015, require the operator of an Internet Web site, online service, online application, or mobile application to permit a minor, who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application, to remove, or to request and obtain removal of, content or information posted on the operator’s Internet Web site, service, or application by the minor, unless the content or information was posted by a 3rd party, any other provision of state or federal law requires the operator or 3rd party to maintain the content or information, or the operator anonymizes the content or information. The bill would require the operator to provide notice to a minor that the minor may remove the content or information, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Chapter 22.1 (commencing with Section 22580)
2is added to Division 8 of the Business and Professions Code, to
3read:

4 

5Chapter  22.1. Privacy Rights for California Minors in
6the Digital World
7

 

8

22580.  

(a) An operator of an Internet Web site, online service,
9online application, or mobile application directed to minorsbegin delete or theend delete
10begin insert shall not market or advertise a product or service described in
11subdivision (i) on its Internet Web site, online service, online
12application, or mobile application directed to minors.end insert

13begin insert(b)end insertbegin insertend insertbegin insertAnend insert operator of an Internet Web site, online service, online
14application, or mobile applicationbegin delete that has actual knowledge that
P3    1a minor is using its Internet Web site, online service, online
2application, or mobile application shall not do any of the following:end delete

3begin insert shall not market or advertise a product or service described in
4subdivision (i) to a minor who the operator has actual knowledge
5is using its Internet Web site, online service, online application,
6or mobile application and is a minor, if the marketing or
7advertising is specifically directed to that minor based upon
8information specific to that minor, including, but not limited to,
9the minor’s profile, activity, address, or location sufficient to
10establish contact with a minor, and excluding Internet Protocol
11(IP) address and product identification numbers for the operation
12of a service.end insert

begin delete

13(1) Market or advertise a product or service on the Internet Web
14site, online service, online application, or mobile application
15directed to minors, or to a minor who the operator has actual
16knowledge is using its Internet Web site, online service, online
17application, or mobile application if the marketing or advertising
18is for a product described in subdivision (g).

19(2) Use,

end delete

20begin insert(c)end insertbegin insertend insertbegin insertAn operator of an Internet Web site, online service, online
21application, or mobile application directed to minors or who has
22actual knowledge that a minor is using its Internet Web site, online
23service, online application, or mobile application, shall not
24knowingly use,end insert
disclose, compile, orbegin delete knowinglyend delete allow a third party
25to use, disclose, or compile, the personal information of a minor
26begin insert with actual knowledge that the use, disclosure, or compilation isend insert
27 for the purpose of marketing or advertising products or services
28if the marketing or advertising is for a product described in
29subdivisionbegin delete (g)end deletebegin insert (i)end insert.

begin delete

30(b)

end delete

31begin insert(d)end insert “Minor” means a natural person under 18 years of age who
32resides in the state.

begin delete

33(c)

end delete

34begin insert(e)end insert “Internet Web site, online service, online application, or
35mobile application directed to minors” mean an Internet Web site,
36online service, online application, or mobile application, or a
37portion thereof, that is created for the purpose of reaching an
38audience that isbegin delete primarilyend deletebegin insert predominatelyend insert comprised of minorsbegin insert, and
39is not intended for a more general audience comprised of adultsend insert
.
40Provided, however, that an Internet Web site, online service, online
P4    1application, or mobile application, or a portion thereof, shall not
2be deemed to be directed at minors solely because it refers or links
3to an Internet Web site, online service, online application, or mobile
4application directed to minors by using information location tools,
5including a directory, index, reference, pointer, or hypertext link.

begin delete

6(d)

end delete

7begin insert(f)end insert “Operator” means any person or entity that owns an Internet
8Web site, online service, online application, or mobile application.
9It does not include any third party that operates, hosts, or manages,
10but does not own, an Internet Web site, online service, online
11application, or mobile application on the owner’s behalf or
12processes information on the owner’s behalf.

begin delete

13(e)

end delete

14begin insert(g)end insert This section shall not be construed to require an operator of
15an Internet Web site, online service, online application, or mobile
16application to collect or retain age information about users.

begin delete

17(f)

end delete

18begin insert(h)end insert (1) With respect to marketing or advertising provided by
19an advertising service, the operator of an Internet Web site, online
20service, online application, or mobile application directed to minors
21shall be deemed to be in compliance with subdivision (a) if the
22operator notifies the advertising service, in the manner required
23by the advertising service, that the site, service, or application is
24directed to minors.

25(2) If an advertising service is notified, in the manner required
26by the advertising service, that an Internet Web site, online service,
27online application, or mobile application is directed to minors
28pursuant to paragraph (1), the advertising service shall not market
29or advertise a product or service on the operator’s Internet Web
30site, online service, online application, or mobile application that
31begin delete state or federal law expressly prohibits a minor from purchasingend delete
32begin insert is described in subdivision (i)end insert.

begin delete

33(g)

end delete

34begin insert(i)end insert The marketing and advertising restrictions described in
35begin delete subdivisionend deletebegin insert subdivisionsend insert (a)begin insert and (b)end insert shall apply to the following
36products and services as they are defined under state law:

37(1) Alcoholic beverages, as referenced in Sections 23003 to
3823009, inclusive, and Section 25658.

39(2) Firearms or handguns, as referenced in Sections 16520,
4016640, and 27505 of the Penal Code.

P5    1(3) Ammunition or reloaded ammunition, as referenced in
2Sections 16150 and 30300 of the Penal Code.

3(4) Handgun safety certificates, as referenced in Sections 31625
4and 31655 of the Penal Code.

5(5) Aerosol container of paint that is capable of defacing
6property, as referenced in Section 594.1 of the Penal Code.

7(6) Etching cream that is capable of defacing property, as
8referenced in Section 594.1 of the Penal Code.

9(7) Any tobacco, cigarette, or cigarette papers, orbegin delete bluntsend deletebegin insert bluntend insert
10 wraps, or any other preparation of tobacco, or any other instrument
11or paraphernalia that is designed for the smoking or ingestion of
12tobacco, products prepared from tobacco, or any controlled
13substance, as referenced in Division 8.5 (commencing with Section
1422950) and Sections 308, 308.1, 308.2,begin insert andend insert 308.3 of the Penal
15Code.

16(8) BB device, as referenced in Sections 16250 and 19910 of
17the Penal Code.

18(9) Dangerous fireworks, as referenced in Sections 12505 and
1912689 of the Health and Safety Code.

20(10) Tanning in an ultraviolet tanning device, as referenced in
21Sections 22702 and 22706.

22(11) Dietary supplement products containing ephedrine group
23alkaloids, as referenced inbegin delete Sectionsend deletebegin insert Sectionend insert 110423.2 of the Health
24and Safety Code.

25(12) Tickets or shares in a lottery game, as referenced in Sections
268880.12 and 8880.52 of the Government Code.

27(13) Salvia divinorum or Salvinorin A, or any substance or
28material containing Salvia divinorum or Salvinorin A, as referenced
29in Section 379 of the Penal Code.

begin delete

30(14) Body piercing, as referenced in Section 119302 of the
31Health and Safety Code and Section 652 of the Penal Code.

end delete
begin delete

32(15)

end delete

33begin insert(14)end insert Body branding, as referenced in Sections 119301 and
34119302 of the Health and Safety Code.

begin delete

35(16)

end delete

36begin insert(15)end insert Permanent tattoo, as referenced in Sections 119301 and
37119302 of the Health and Safety Code and Section 653 of the Penal
38Code.

begin delete

39(17)

end delete

P6    1begin insert(16)end insert Drug paraphernalia, as referenced in Section 11364.5 of
2the Health and Safety Code.

begin delete

3(18)

end delete

4begin insert(17)end insert Electronic cigarette, as referenced in Section 119405 of
5the Health and Safety Code.

begin delete

6(19) Harmful matter or obscene

end delete

7begin insert(18)end insertbegin insertend insertbegin insertObsceneend insert matter, as referenced inbegin delete Sectionsend deletebegin insert Sectionend insert 311begin delete,
8313, and 313.1end delete
of the Penal Code.

begin delete

9(20) Laser pointer, as referenced in Sections 417.25 and 417.27
10of the Penal Code.

end delete
begin delete

11(21)

end delete

12begin insert(19)end insert A less lethal weapon, as referenced in Sections 16780 and
1319405 of the Penal Code.

begin insert

14(j) The marketing and advertising restrictions described in
15subdivisions (a), (b), and (c) shall not apply to the incidental
16placement of products or services embedded in content if the
17content is not created primarily for the purposes of marketing and
18advertising of the products or services described in (i).

end insert
19

22581.  

(a) An operator of an Internet Web site, online service,
20online application, or mobile application directed to minors or an
21operator of an Internet Web site, online service, online application,
22or mobile application that has actual knowledge that a minor is
23using its Internet Web site, online service, online application, or
24mobile application shall do all of the following:

25(1) Permit a minor who is a registered user of the operator’s
26Internet Web site, online service, online application, or mobile
27application to removebegin delete,end delete orbegin insert, if the operator prefers,end insert to request and
28obtain removal of, content or information posted on the operator’s
29Internet Web site, online service, online application, or mobile
30application by the user.

31(2) Provide notice to a minor who is a registered user of the
32operator’s Internet Web site, online service, online application, or
33 mobile application that the minor may removebegin delete,end delete orbegin insert, if the operator
34prefers,end insert
request and obtain removal of, content or information
35posted on the operator’s Internet Web site, online service, online
36application, or mobile application by the registered user.

37(3) Provide clear instructions to a minor who is a registered user
38of the operator’s Internet Web site, online service, online
39application, or mobile application on how the user maybegin insert remove
40or, if the operator prefers,end insert
request and obtain the removal of
P7    1content or information posted on the operator’s Internet Web site,
2online service, online application, or mobile application.

3(4) Provide notice to a minor who is a registered user of the
4operator’s Internet Web site, online service, online application, or
5 mobile application that the removal described underbegin delete subdivision
6(b)end delete
begin insert paragraph (1)end insert does not ensure complete or comprehensive
7removal of the content or information posted on the operator’s
8Internet Web site, online service, online application, or mobile
9application by the registered user.

10(b) An operator or a third party is not required to erase or
11otherwise eliminate, or to enable erasure or elimination of, content
12or information in any of the following circumstances:

13(1) Any other provision of federal or state law requires the
14operator or third party to maintain the content or information.

15(2) The content or information was posted to the operator’s
16Internet Web site, online service, online application, or mobile
17application by a third party other than the minor, who is a registered
18user, including any content or information posted by the registered
19user that was republished or reposted by the third party.

20(3) The operator anonymizes the content or information posted
21by the minor who is a registered user, so that the minor who is a
22registered user cannot be individually identified.

23(4) The minor does not follow the instructions provided to the
24minor pursuant to paragraph (3) of subdivision (a) on how the
25registered user may request and obtain the removal of content or
26information posted on the operator’s Internet Web site, online
27service, online application, or mobile application by the registered
28user.

29(5) The minor has received compensation or other consideration
30for providing the content.

31(c) This section shall not be construed to limit the authority of
32a law enforcement agency to obtain any content or information
33from an operator as authorized by law or pursuant to an order of
34a court of competent jurisdiction.

35(d) An operator shall be deemed compliant with this section if:

36(1) It renders the content or information posted by the minor
37user no longer visible to other users of the service and the public
38even if the content or information remains on the operator’s servers
39in some form.

P8    1(2) Despite making the original posting by the minor user
2invisible, it remains visible because a third party has copied the
3posting or reposted the content or information posted by the minor.

4(e) This section shall not be construed to require an operatorbegin delete orend delete
5begin insert of end insert an Internet Web site, online service, online application, or
6mobile application to collect age information about users.

7(f) “Posted” means content or information that can be accessed
8by a user in addition to the minor who posted the content or
9 information, whether the user is a registered user or not, of the
10Internet Web site, online service, online application, or mobile
11application where the content or information is posted.

12

22582.  

This chapter shall become operative on January 1, 2015.

13begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The provisions of this act are severable. If any
14provision of this act or its application is held invalid, that invalidity
15shall not affect other provisions or applications that can be given
16effect without the invalid provision or application.

end insert


O

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